Smith v. Carley

The record shows that Carley, on the 15th of October, 1851, filed in the clerk’s office of the Johnson Circuit Court his cause of action in this case, in these words: “This is an action of assumpsit brought on a promissory note made payable to Elijah Bolander, and by him, on the 11th of January, 1851, assigned to the plaintiff1, which note is as follows: ‘ On or before the first day of September next, I promise to pay Elijah Bolander 90 dollars, value received, without the benefit of the valuation or appraisement laws. December 7, 1850. [signed] George Smith.’ ” Upon this statement, a writ…